Advocate Tahir Ashraf Siddiqui

Questions Answered by Advocate Tahir Ashraf Siddiqui

Q: If my husband is cheating what should i do legally ?

i got married two years ago after that I came to know that my husband had relationship with another woman also I don't want divorce can I take leagal action against my husband and that lady. can i file a case against my husband for cheating ? Hindu

Advocate Tahir Ashraf Siddiqui answered
Since you don't want to take a divorce, you can file a criminal complaint against your husband for adultery and he can be sent to jail. This is a criminal provision and your husband will be adequately punished.

Q: Admissibility of photocopy documents as evidence

If a witness is producing photocopies of the evidence during the case. Will that can be regarded as a valid evidence. What is supreme court judgement on photocopy evidence? Please refer case laws if possible. Thanks.! can a photocopy be used as evidence ?

Advocate Tahir Ashraf Siddiqui answered
No.Section 61 of the Evidence Act prescribes that the contents of a document may be proved either by primary evidence or by secondary evidence. According to Section 62 thereof primary evidence means the document itself produced for the inspection of the Court. Explanation 2 to Section 60 provides that copies of a common original are not primary evidence. Thus, the photocopy cannot be a primary evidence. As such, it cannot be classified as document. Now let us see whether it can come within the definition of secondary evidence. For secondary evidence, the testimony must indicate that the alleged photocopy was prepared from the original or that it was not prepared from a copy of the original, or that it was compared with (he original if prepared from a copy compared with the original. In the absence of any material, it cannot be treated to be a secondary evidence. It is only orally being claimed to be a photocopy without claiming that what was photographed was the original or that it was compared with the original. So, the photocopy to be admissible as evidence has to be a certified copy. No reliance can be expected on a document which is otherwise inadmissible in a Court and. that whenever "document" is referred in an order or is required to be produced, it must satisfy the test of admissible documents viz. original or secondary as provided in Sections 64, 65 and 66 of the Evidence Act. Further, the Supreme Court of India in J. Yashoda Vs. K. Shobha Rani, AIR 2007 SC 1721 : has held that secondary evidence admissible only in the absence of primary evidence when proper explanation of its absence is given.

Q: Regarding railway appointment with a case pending on me

Sir i got selected in railway alp post but 498a case is pending against me in civil court actually the case is aginst my brother. railway officials told me thet i will not get appointment untill my case gets resolved. Ao what ahould i do to get the job.what are the ways to get it.

Advocate Tahir Ashraf Siddiqui answered
Ther is no absolute bar that you will not get appointment if a case is pending against aginst you. You have not disclosed for which post and area and under which recruitment rules you have been appointed and if you disclosed the case while filling the form. if you get a stay of the case or settle the case with your wife to get the matter disposed of, then you can get an appointment. In some cases depending on the rules of recruitment you can get an appointment while the case is still pending . It all depends on the recruitment rules of your post in Indian Railways under which you have been appointed. If the Railways refuses to appoint you then you must approach the Central Administrative Tribunal for filing a case seeking appointment immediately. If the court thinks that you are being harassed unnecessarily, they can direct the Railways we will have to issue appointment letter subject to you winning 498A case later.

Q: Does Sister Has Right In Property

If a son gets property from his father through will. Then that son further gives the same property to his own son through his will. Then can the daughter of that son hold any claim on that property.

Advocate Tahir Ashraf Siddiqui answered
once the property is of the Son, then it's inheritance to the next generations is dependent on what the son does with the property. if the son does not make a will then as a first class daughter will have a right to the share of his property as a first class heir after his death.

Q: Undevided joint hindu ancestral house entirely can be will ?

My grandfather got a residential house before 1956 from my great grandfather (1940) .my grandfather have two son .ow grand father expired with will in favour of my cousin. Now my question is undevided huf ancestral house entirely can be willed ? Without giving share of my father. And this kind of will can be consider on notional partition where entirely property willed ?

Advocate Tahir Ashraf Siddiqui answered
yes as per the provisions of the hindu succession act a coparcener's undivided share can be subject matter of the will . there is no bar against the owner of Hindu joint property to make a will in respect of his for undivided share in joint family property . please refer to Section 6 and 30 of the Hindu Succession act.